Laserfiche WebLink
Family and Medical Leave (FMLA) <br />The city shall determine whether leave is FMLA-qualified. An employee cannot choose to <br />opt out of FMLA leave given a qualifying event. <br />Employees meeting the following conditions qualify for FMLA leave: <br />■ Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is <br />to commence. The 12 months or 52 weeks need not have been consecutive; <br />however, the city will not consider any service 7 years prior to the employee's most <br />recent hire date. <br />Have worked at least 1,250 hours during the 12-month period prior to the date <br />when the leave is requested to commence. The principles established under the <br />Fair Labor Standards Act (FLSA) determine the number of hours worked by an <br />employee. The FLSA does not include time spent on paid or unpaid leave asleave as <br />hours worked. Consequently, these hours of leave should not be counted in <br />determining the 1,250 hours eligibility test for an employee under the Family and <br />Medical Leave Act (FMLA). <br />Leave will be granted to all eligible employees for any of the following reasons: <br />■ The birth of a child, including prenatal care, or placement of a child with the <br />employee for adoption or foster care. <br />■ To care for a spouse, child, or parent who has a serious health condition. <br />■ Due to a serious health condition that makes the employee unable to perform the <br />essential functions of the position. <br />■ A covered military member's active duty or call to duty, or to care for a covered <br />military member (Military Caregiver and Qualified Exigency Leave, described <br />below). <br />Definitions <br />Caring - Psychological as well as physical care. It also includes acquiring care and sharing <br />care duties for a covered family member. <br />Eligible child - biological, adopted, or foster child, a stepchild, a legal ward, or a child of a <br />person standing in loco parentis, who is under 18 years of age or who is 18 years of age or <br />older and incapable of self -care because of a mental or physical disalo ty._A person u <br />18 years of age OF a person inEapable of self-Ear-e Of OF mental disability <br />who is a biological, adopted, foster, or stepchild, a ward of the employee, or a person with <br />whem the employee is E:haFged with a parent's rights, duties, and responsibilities. <br />Spouse - Spouse means a husband or wife as defined or recognized in the state where the <br />individual was married, including in a common law marriage or same -sex marriage.Dees <br />Eligible parent - Parent means a biological, adoptive, step or foster father or mother, or <br />any other individual who stood in loco parentis to the employee when the employee was a <br />Page 31 187 <br />Page 102 of 447 <br />